Gile v. Wood
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Blaine County. Hon. J ames R. Bothwell, Judge. Suit to foreclose real mortgage. Plaintiff appeals from an. order amending decree of foreclosure. The complaint asked for equitable relief, and the court had the right, under the evidence, to make the finding as it did and order the deficiency judgment entered against Wood if there was any.
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APPEAL from the District Court of the Fourth Judicial District, for Blaine County. Hon. J ames R. Bothwell, Judge. Suit to foreclose real mortgage. Plaintiff appeals from an. order amending decree of foreclosure. The complaint asked for equitable relief, and the court had the right, under the evidence, to make the finding as it did and order the deficiency judgment entered against Wood if there was any. (Leviston v. Swan, 33 Cal. 480; Russell v. Hank, 9 Utah, 309, 34 Pac. 245; Continental Trust Co. v. Patterson, 26 Colo. App. 186, 142 Pac. 422; Howe v. Sears, 30 Utah, 344, 84-Pac. 1107.) “The…
1Opinion of the CourtMorgan, C. J.
Appellant sued to foreclose a real estate mortgage executed by James T. Bristow and Zella Bristow, his wife, to secure the payment of their promissory note. Respondent was named as a defendant, and it was alleged in the complaint that he had, or claimed to have, some interest in the mortgaged premises, or some part thereof, as purchaser or otherwise, which was subsequent and subject to the lien of the mortgage. The prayer was for foreclosure, for’the sale of the premises, and for a judgment against Bristow and his wife for any deficiency found to exist after the application of the ■money…
2Cases cited6 opinions
- Waldron v. HarveyWest Virginia Supreme Court · 1904
- People v. DavisCalifornia Supreme Court · 1904
- Sache v. WallaceSupreme Court of Minnesota · 1907
- Grannis v. Superior CourtCalifornia Supreme Court · 1905
- Standard Savings & Loan Ass'n v. Anthony Wholesale Grocery Co.Supreme Court of Oklahoma · 1916
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3Cited by32 opinions
- Miller v. ProutIdaho Supreme Court · 1921
- State v. District Court of Eighth Jud. Dist.Wyoming Supreme Court · 1925
- Baldwin v. AndersonIdaho Supreme Court · 1932
- McHan v. McHanIdaho Supreme Court · 1938
- Curtis v. Siebrand Bros. Circus & Carnival Co.Idaho Supreme Court · 1948
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